78R1197 ESH-D
By: Ogden S.B. No. 346
A BILL TO BE ENTITLED
AN ACT
relating to an optional flexible year program for public school
students who fail to perform satisfactorily on an assessment
instrument or who would not otherwise be promoted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.0821 to read as follows:
Sec. 29.0821. OPTIONAL FLEXIBLE YEAR PROGRAM. (a) A
school district may apply to the commissioner for approval to
provide a flexible year program for students who did not perform
successfully on an assessment instrument administered under
Section 39.023 or who would not otherwise be promoted to the next
grade level.
(b) To enable a school district to provide additional
instructional days for a program under this section, with the
approval of the commissioner, a school district may:
(1) provide a number of days of instruction during the
regular school year that is not more than 10 days fewer than the
number required under Section 25.081(a); and
(2) use for instructional purposes not more than five
days that would otherwise be used for staff development or teacher
preparation.
(c) Notwithstanding any reduction in the number of
instructional days in the regular school year or in the number of
staff development days, each educator employed under a 10-month
contract must provide the minimum days of service required under
Section 21.401.
(d) A school district may require educational support
personnel to provide service as necessary for an optional flexible
year program.
(e) An optional flexible year program may be at the
beginning or end of the regular school year.
(f) The commissioner may adopt rules for the administration
of programs provided under this section.
SECTION 2. Section 25.081(a), Education Code, is amended to
read as follows:
(a) Except as authorized under Subsection (b) of this
section, [or] Section 25.084, or Section 29.0821, for each school
year each school district must operate so that the district
provides for at least 180 days of instruction for students.
SECTION 3. This Act takes effect September 1, 2003.